Australian Capital Territory Numbered Acts

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EVIDENCE ACT 2011 (NO. 12 OF 2011) - SECT 44

Previous representations of other people

    (1)     Except as provided by this section, a cross-examiner must not question a witness about a previous representation alleged to have been made by a person other than the witness.

    (2)     A cross-examiner may question a witness about the representation and its contents if—

        (a)     evidence of the representation has been admitted; or

        (b)     the court is satisfied that it will be admitted.

    (3)     If subsection (2) does not apply and the representation is contained in a document, the document may only be used to question a witness as follows:

        (a)     the document must be produced to the witness;

        (b)     if the document is a tape recording, or any other kind of document from which sounds are reproduced—the witness must be provided with the means (for example, headphones) to listen to the contents of the document without other people present at the cross-examination hearing the contents;

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

        (c)     the witness must be asked whether, having examined (or heard) the contents of the document, the witness stands by the evidence that the witness has given;

        (d)     neither the cross-examiner nor the witness may identify the document or disclose any of its contents.

    (4)     A document used in a way mentioned in subsection (3) may be marked for identification.

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